Del. Court Remands Asbestos Action, Finds Removal was Untimely

WILMINGTON, Del. -- A Delaware federal court has adopted a report and recommendation suggesting that a motion for remand be granted on grounds that the defendant had not removed the case in a timely manner. Von Dell, et al. v. Boeing Co., et al., No. 11-786 (D. Del.).

In the Nov. 29 order, the U.S. District Court for the District of Delaware found that the Special Master had correctly concluded that the testimony of a co-worker was enough to put the defendant on notice that the plaintiff had worked with aircraft engines with military specifications.

"On this rather uncomplicated …